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    • BrainAches
    • By BrainAches 15th May 17, 2:26 PM
    • 6Posts
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    BrainAches
    Can anyone offer some advice please
    • #1
    • 15th May 17, 2:26 PM
    Can anyone offer some advice please 15th May 17 at 2:26 PM
    Hi,

    Hope someone can give me some advice on this.

    Ok, here's my back story... I was in a DMP (Debtline) back in 2010 to 2011 which I paid £120.00 a month for several debts, mostly catalogues and there was HP for a car, which had to cancel in June 2011 due to becoming unemployed and husband left me, no income meant massive cut backs were made.
    I'm now happily divorced and have been working hard to sort my self out, I've paid off a few smaller debts and currently have a payment plan with Lowell on 2 other debts (catalogues).

    However, in the last few days I've received 2 statements and a letter from DLC for a debt of £6,386.00 from Black Horse for a car, the letter is offering me a discount if I pay what they ask for. (This was addressed to me at my old house, I know the current tenant who passed it on)

    This is the first time I've heard from anyone about this debt, I haven't heard anything from Black horse for years, way before I started the DMP, neither have I had any communication with any debt collection company over this debt.

    I recently checked my credit file and can see no mention of Black horse or DLC, however I have moved house twice over the last 6 years which could explain that.

    This car was handed back to Black Horse it was early 2010, I can't remember the exact date but was a few months before I entered into the DMP.

    I'm aware of the statute of limitations and I am wondering how would I go about finding out the actual default date if it isn't on your credit file? I don't really want to do anything to inadvertently acknowledge the debt.

    Happily take any suggestions or advice on how to proceed with this.

    Thanking you in advance
Page 1
    • sourcrates
    • By sourcrates 15th May 17, 2:44 PM
    • 12,190 Posts
    • 11,651 Thanks
    sourcrates
    • #2
    • 15th May 17, 2:44 PM
    • #2
    • 15th May 17, 2:44 PM
    Hi,

    Usually when a car on finance is handed back, or repossessed, it gets sold at auction for whatever it will fetch, you will then be liable for any outstanding balance left owing on the car.

    This appears to be the shortfall associated with that sale.

    You are right to mention the limitations act, if you handed the car back in early 2010, then its likely the last payment you made was some months prior to that, that is when the clock starts running for simple contract debts such as this, not the default date.

    So even on those figures, the debt will now be statute barred, as long as no legal action has been taken, i suggest you check on your credit file under "public information" to check on this.

    If no CCJ, then send them the statute barred letter as soon as possible.

    Information and template letter here :

    https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there, and delete spam.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • BrainAches
    • By BrainAches 15th May 17, 3:05 PM
    • 6 Posts
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    BrainAches
    • #3
    • 15th May 17, 3:05 PM
    • #3
    • 15th May 17, 3:05 PM
    Hi,

    Thank you for your reply.

    Just getting my head round this, even though I was paying it off with the DMP, granted it was only a small token payment each month, it goes back to when I originally defaulted.

    I'll send off for an up to date credit report and check that first and foremost!
  • National Debtline
    • #4
    • 15th May 17, 3:31 PM
    • #4
    • 15th May 17, 3:31 PM
    Hi BrainAches


    I've highlighted the following bit of your original post as it could confuse readers:


    Hi,

    I was in a DMP (Debtline) back in 2010 to 2011 which I paid £120.00 a month for several debts, mostly catalogues and there was HP for a car, which had to cancel in June 2011 due to becoming unemployed and husband left me, no income meant massive cut backs were made.
    Originally posted by BrainAches

    What exactly was cancelled in June 2011, please - the HP for a car, or the DMP itself? I am assuming it is the HP as you state elsewhere that a car was handed back in 2010, but it would be handy to know for sure.


    If the HP debt was included in your DMP, and payments from the DMP went towards this debt (amongst others) until June 2011, then it is unlikely to have become statute barred just yet and you should not send any limitations-type letters to the creditor at this point.


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • BrainAches
    • By BrainAches 15th May 17, 4:31 PM
    • 6 Posts
    • 0 Thanks
    BrainAches
    • #5
    • 15th May 17, 4:31 PM
    • #5
    • 15th May 17, 4:31 PM
    Hi,

    Thank you for your reply

    To clarify, its was the DMP that was closed down, the last payment for the DMP was made in June 2011.
    The car was handed back to Black Horse early 2010. I have gone through my historical bank statements online and there were no payments to Black horse made during that year (2010), just the DMP @£120.00 a month until June 2011.

    Hope that helps.
    • BrainAches
    • By BrainAches 17th May 17, 5:53 PM
    • 6 Posts
    • 0 Thanks
    BrainAches
    • #6
    • 17th May 17, 5:53 PM
    Update
    • #6
    • 17th May 17, 5:53 PM
    Hi,
    I've found out that the last time a payment was made to Black Horse by DMP was 18th July 2011.

    Does that mean the statute barred date is 6 years from that point if there has been no contact or payments made?

    Thank you
    • sourcrates
    • By sourcrates 17th May 17, 8:55 PM
    • 12,190 Posts
    • 11,651 Thanks
    sourcrates
    • #7
    • 17th May 17, 8:55 PM
    • #7
    • 17th May 17, 8:55 PM
    Hi,
    I've found out that the last time a payment was made to Black Horse by DMP was 18th July 2011.

    Does that mean the statute barred date is 6 years from that point if there has been no contact or payments made?

    Thank you
    Originally posted by BrainAches
    It will be SB this July then.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there, and delete spam.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • January2015
    • By January2015 17th May 17, 10:52 PM
    • 1,756 Posts
    • 4,732 Thanks
    January2015
    • #8
    • 17th May 17, 10:52 PM
    • #8
    • 17th May 17, 10:52 PM
    It will be SB this July then.
    Originally posted by sourcrates
    If it's not yet statute barred, should the OP try and ignore all communications until after July? Just wondering what the best process is when a debt is this close to being statute barred
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